15. The majority opinion in Mapp v. Ohio

| August 31, 2016

Question
15. The majority opinion in Mapp v. Ohio (1961) ____________.

a. admitted that the exclusionary rule, although necessary, violated common sense
b. overruled Boyd v. U.S. (1886)
c. relied on the imperative of judicial integrity
d. incorporated the substantive rule of the Fourth Amendment
18. Illegally seized evidence or statements may be introduced or used for each of the following
hearings or purposes, EXCEPT ___________.

a. alien deportation
b. formulating a grand jury question
c. impeaching a witness
d. parole revocation

19. Each of the following statements regarding the majority opinion in United States v. Leon
(1984) is correct, EXCEPT ____________.

a. the Fourth Amendment is not concerned with constitutional violations by judges
b. deterrence is the only reason for the exclusionary rule
c. the search in the case violated the Fourth Amendment
d. the exclusionary rule exacts substantial social costs

20. The affi davit in Spinelli v. U.S. (1969) included every element EXCEPT ___________.

a. Spinelli crossed a bridge every day and went to the same apartment
b. Spinelli had a reputation as a “bookie”
c. the apartment had two telephones
d. Spinelli’s bookmaking calls were recorded
23. An argument used in courts to oppose the “plain feel” rule was ____________.

a. extending reasons to justify police searches undermine civil liberties
b. the sense of touch is not as sensitive as sight
c. the rule was not contemplated by the framers of the Fourth Amendment
d. the police use plain feel discriminatorily against minorities
25. The justifi cations for the open-fi eld rule do NOT include which of the following?

a. the Fourth Amendment protects “effects”
b. open-fi elds are property
c. the common law distinguished between open fi elds and the curtilage
d. posting land does not provide the same protection as the enclosure of a house
27. The decision in Kyllo v. United States (2001) was based on which proposition?

a. the interior of the house was searched
b. drugs are a social scourge and detecting them promotes public health and safety
c. Heat is not included within the plain view doctrine
d. Heat was detected off the wall

28. Which of the following statements about consent searches is INACCURATE?

a. The burden of proof to prove the voluntariness of consent is on the defendant.
b. A person cannot consent to a search when police assert they have a search warrant.
c. Consent to search depends on all the facts and circumstances in a case.
d. A police officer need not inform a person that he has a right to refuse to consent.
31. A person who has been arrested must be brought before a magistrate, barring exigent
circumstances ____________.

a. immediately
b. within 24 hours
c. within 36 hours
d. within 48 hours

32. The reason for the rule that a misdemeanor arrest made by a police offi cer is lawful if the
misdemeanor occurred in the offi cer’s presence, and not upon probable cause, is
_____________.

a. misdemeanors often result from personal squabbles that could lead to false complaints
b. misdemeanors are not crimes at common law
c. allowing probable cause arrests for misdemeanors is too costly and ineffi cient
d. errors in misdemeanor arrests are not likely to deter police offi cer misconduct
34. The Supreme Court upheld each type of checklane or roadblock as constitutional,
EXCEPT _____________.

a. to check the license and registration of drivers
b. to check the sobriety of drivers
c. to check whether the driver is transporting drugs
d. to gather information about a hit and run that occurred at the location

35. Dissenting justices in Illinois v. Caballes (2005) raised each of the following points,
EXCEPT ____________.

a. trained dogs are not infallible in sniffi ng for drugs
b. the practice will be extended to the use of drug sniffi ng dogs on city streets
c. the practice will lead to pretext stops of cars
d. the use of dogs extends the purpose of the original stop
37. The “replication studies” of experiments testing the effect of arrest policies on the
deterrence of domestic violence found each of the following, EXCEPT which of the following?

a. Arrest reduces domestic violence in some cities but increases it in others.
b. Arrest reduces domestic violence among employed people but increases it among
unemployed people.
c. Arrest reduces domestic violence in the short run but can increase it in the long run.
d. Police cannot predict which couples are most likely to suffer future violence.
39. A warrantless strip search conducted at the border by appropriate personnel (e.g., same sex
as suspect) in an appropriate manner (e.g., no force used except threat of detention) is
constitutional ____________.

a. if the offi cer has reasonable suspicion
b. if the offi cer has probable cause
c. if the offi cer receives authorization from a high ranked Immigration and Customs
Enforcement (ICE)/Homeland Security offi cial
d. on the basis of the offi cer’s hunch

40. In U.S. courts, a search or arrest in a foreign country by or at the behest of U.S. offi cers is
guided by _____________.

a. the entirety of the Fourth Amendment
b. the Fourth Amendment’s Reasonableness Clause
c. international law
d. no law
Challenge Examination

41. “Special needs” cases were decided in regard to each of the following areas, EXCEPT
_____________.

a. police offi cers enforcing regulatory laws concerning automobile junk shops
b. drug testing of pregnant women in state hospitals
c. police offi cers engaged in traffi c enforcement
d. drug testing of candidates running for state offi ces
43. The statement that best describes racial profi ling is _______________.

a. broad police discretion to enforce the law makes it possible
b. evidence of it is only anecdotal
c. it is motivated primarily by simple racism
d. it is largely ignored by responsible political authorities

44. In regard to racial profi ling of drivers, _______________.

a. the practice enjoys widespread public support
b. many police departments are required to keep records of the race of drivers stopped
c. legislation to prevent the practice has been blocked
d. all academic economists support the practice
46. The critical stage concept was held to require counsel in each of the following stages,
EXCEPT ___________.

a. arraignment
b. preliminary Examination
c. plea Bargaining
d. lineup identifi cation

47. The most accurate statement about a “meaningful attorney-client relationship” in criminal
procedure is that _____________.

a. the Supreme Court has held this to be a Sixth Amendment right
b. it is the close rapport that develops between a defense lawyer and client
c. it applies equally to prosecutors and victims, as well as defense lawyers and clients
d. a court should consider the time a lawyer has put into a case and the lawyer’s
knowledge of the case before deciding on a continuance

48. The precise issue in Rothgery v. Gillespie County (2008) was whether ____________.

a. an initial appearance must be held within 48 hours after arrest
b. the Sixth Amendment right to counsel is guaranteed at an initial appearance
c. a court must appoint counsel within a reasonable time after it is requested at an initial
appearance
d. the initial appearance is a critical stage
50. A court may grant counsel to a defendant at a state probation revocation hearing because
_____________.

a. the Due Process Clause may require it, depending on the circumstances
b. the right to counsel was incorporated
c. it is necessary under the Equal Protection Clause to prevent discrimination
d. the defendant has been formally charged with a crime

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